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Impending Challenges to Penal Moderation in France and Germany - A Strained Restraint (Hardcover)
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Impending Challenges to Penal Moderation in France and Germany - A Strained Restraint (Hardcover)
Series: Routledge Frontiers of Criminal Justice
Expected to ship within 12 - 17 working days
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This book investigates the penal culture in France and Germany –
how it is shaped in politics, media, and public opinion. Although
compared with the US or the UK, France and Germany seem to place a
strong emphasis on the ideal of rehabilitation that would block
excessive punishment and other outcomes of punitive developments in
society, there is a steady increase in punitiveness over time for
which the term “strained restraint” is proposed. The book shows
that the idea of penal moderation is deeply rooted in public
opinion, politics, and the media and that it is renegotiated every
day in a dynamic interplay between these spheres. Punishment and
society research has traditionally focused on the US and the UK. In
comparative research, both are considered extreme in punitive
developments with high rates of imprisonment and large groups of
the population under penal control. The other extreme in
comparative research would be Scandinavia with the famous Nordic
Exceptionalism marked by low prison population rates. Germany and
France are often considered to be “the same” when compared with
each other, and “the other” with reference to both of these
extremes. However, this book shows that France and Germany are far
from being the same when it comes to state organization
(centralistic vs. federal), criminal justice and the criminal law,
political traditions, and the media. Also, research from both
countries has looked at whether developments such as the
“punitive turn” have occurred in Germany and France. Research
focused on the domestic situation concludes that punitiveness is on
the rise, and that both countries are indeed experiencing their own
punitive turn. How do we reconcile these contradictory findings?
Why do these two seem to follow the path of penal moderation in the
overall outcome of punishment in society when we look at
comparative research? And how is it that from a domestic
perspective, punitive attitudes and desires are leading to more
punitiveness? By focusing on the meso level, with a comparative
perspective on the two countries and a dynamic analytical approach,
this book reconciles the fluidity of individual attitudes and
opinions with the relative stability of societal discourse. The
authors posit that penal moderation comes at a price: overall and
in an internationally comparative perspective, there is penal
moderation, but a closer look at the domestic situation and
development reveals that it is nonetheless challenged by a slowly
rising tide of punitiveness. Going beyond the main tenets of
punishment and society research with a dynamic analysis of two
large societies in Europe, this book is ideal reading for scholars
and students of penology, criminal justice, and European studies.
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